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2019 (9) TMI 1169 - HC - CustomsProvisional release of export goods - modification of conditions stipulated in respect of execution of bank guarantee - demurrage/detention charges - Valuation of goods in dispute - bogus bills - illegitimate higher claim of GST refunds - HELD THAT:- The goods detained for investigation, are sought to be provisionally released for export, the exporter is bound to execute a bond of an amount equivalent to the value of the goods apart from furnishing an appropriate security in order to cover the redemption fine and penalty. There is no dispute to the fact that the goods were intercepted on specific intelligence and detained based on the allegation of misdeclaration, overvaluation and also on the reasonable apprehension that the exporter would claim higher rate of IGST refund - In such circumstances, even before completing the adjudication process, if the exporter seeks for release of the goods for export, certainly it is for them to comply with the conditions imposed in the impugned order. In this case, in fact, the customs has not refused to release the goods. On the other hand, provisional release is ordered subject to the execution of bond and furnishing of bank guarantee. It is the duty of this Court to safeguard the interest of the Revenue as well, since the matter is still to be adjudicated upon, especially when the interest of the exporter is already care of by the revenue in ordering provisional release. Therefore, the order impugned in this writ petition does not require any interference - However, if the petitioner finds it difficult to mobilize the bank guarantee for the said sum of ₹ 25 lakhs as required by the first respondent, alternatively it is open to the petitioner to furnish immovable property security to the value of the said sum, to the satisfaction of the first respondent. Petition disposed off.
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